Debajit Saikia vs The State Of Assam And Anr
2022 Latest Caselaw 2433 Gua

                                                                    Page No.# 1/3

GAHC010140542022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Crl.Rev.P./367/2022

            DEBAJIT SAIKIA
            S/O. SRI JEURAM SAIKIA, VILL. MAUTARCHUCK GAON, P.S. NORTH
            LAKHIMPUR, DIST. LAKHIMPUR.

            VERSUS

            THE STATE OF ASSAM AND ANR.
            TO BE REP. BY THE P.P., ASSAM.

            2:SMT. PRANALI DUTTA
            W/O. SRI MRINAL DUTTA
            VILL. PANIGAON
             MOUZA- TELAHI
             P.O. AND P.S. PANIGAON
             DIST. LAKHIMPUR
            ASSAM
             PIN-787052

Advocate for the Petitioner   : MRS. B GOGOI

Advocate for the Respondent : PP, ASSAM


             Linked Case : I.A.(Crl.)/358/2022

            DEBAJIT SAIKIA
            S/O. SRI JEURAM SAIKIA
            VILL. MAUTARCHUCK GAON
            P.S. NORTH LAKHIMPUR
            DIST. LAKHIMPUR.


             VERSUS
                                                                       Page No.# 2/3

              THE STATE OF ASSAM AND ANR.
              REP. BY PP
              ASSAM.

              2:SMT. PRANALI DUTTA
              W/O. SRI MRINAL DUTTA
              VILL. PANIGAON
               MOUZA- TELAHI
               P.O. AND P.S. PANIGAON
               DIST. LAKHIMPUR
              ASSAM
               PIN-787052.
               ------------
              Advocate for : MRS. B GOGOI
              Advocate for : PP
              ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                     BEFORE
                        HON'BLE MR. JUSTICE ROBIN PHUKAN


                                       ORDER

22.07.2022.

Heard Mr. M.K. Sharma, learned counsel for the applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State/respondent No.1.

This inter locutory application is preferred by the applicant Debajit Saikia, for staying the operation of the impugned judgment and order dated 30.05.2022, passed by the learned Addl. Sessions Judge (FTC), Lakhimpur at North Lakhimpur in Criminal Appeal No.25(3)/2018, whereby the learned Addl. Sessions Judge has dismissed the appeal filed by the petitioner and upheld the judgment and order of conviction dated 22.06.2018, passed by the learned Chief Judicial Magistrate, Lakhimpur at North Lakhimpur in G.R. Case No.1477/2012, sentencing the petitioner to undergo simple imprisonment for Page No.# 3/3

three months under Section 323 of the Indian Penal Code, along with fine of Rs.1,000/- (Rupees one thousand), in default simple imprisonment for one month.

It appears that the connected Revision Petition is admitted and the LCR has already been called for from the concerned Courts below.

Considering the submission of learned Advocates for both the parties and considering the grounds mentioned in the petition and documents placed in the record, operation of the impugned judgments and order of sentence dated 30.05.2022, passed by the learned Addl. Sessions Judge (FTC), Lakhimpur at North Lakhimpur in Criminal Appeal No.25(3)/2018 and also the judgment and order dated 22.06.2018, passed by the learned Chief Judicial Magistrate, Lakhimpur at North Lakhimpur in G.R. Case No.1477/2012 are stayed till disposal of the petition.

In terms of the above, the I.A. stands disposed of.

JUDGE

Comparing Assistant